David Morris, Sr vs N Williams Creations, LLC et al

On May 3, 2024, the jury awarded $330,709.42 in damages to the plaintiff in a construction site negligence lawsuit.

Case Background

The plaintiff filed the construction site negligence lawsuit (Case No. 22CV44059) on December 29, 2022, in the Circuit Court of the State of Oregon for Multnomah County. The lawsuit stemmed from a pedestrian accident involving David Morris Sr., who stepped into an uncovered water meter hole near a construction site at 4725 N. Williams Avenue in Portland. Judge Judith H. Matarazzo presided over the case, with several other judges including Leslie G. Bottomly, Christopher J. Marshall, Angela F. Lucero, Celia A. Howes, and Jonathan W. Monson.

Cause

On September 9, 2022, David Morris Sr. was walking as a pedestrian in the public right-of-way near 4725 N. Williams Avenue in Portland, Multnomah County, Oregon. As he crossed the parking strip or planted area between the sidewalk and curb, he unknowingly stepped into a dangerous hole created by an uncovered water meter. The water meter cover had been removed, creating a hazardous condition in an area frequently used by pedestrians. Vegetation had grown over the uncovered meter, effectively concealing it from view and exacerbating the danger. Two companies were named as defendants—N Williams Creations, LLC, and Dez Development, LLC. Dez Development was performing construction work in the area at the time of the incident. The complaint alleged that one or both of these entities were responsible for removing the water meter cover and failing to replace it or adequately warn of the hazard.

Injuries

As a direct result of stepping into the uncovered water meter hole, Morris sustained significant injuries to his right knee and lower back. The severity of these injuries necessitated surgical intervention, indicating the serious nature of the accident’s impact on Morris’s health. Morris experienced immediate and ongoing pain and suffering from these injuries. The complaint stated that the injuries were expected to heal with permanent residual effects, suggesting long-term or chronic health issues stemming from the incident. The ongoing nature of the injuries was emphasized, noting that Morris would continue to experience pain and suffering in the future as a result of the accident.

Damages

Morris sought substantial economic damages for medical expenses, totaling an estimated $130,000. The breakdown of the amount included $80,000 for medical care already incurred due to the accident, and an additional $50,000 for anticipated future medical expenses related to ongoing treatment and care necessitated by the injuries sustained. In addition to these economic damages, Morris sought non-economic damages for pain and suffering, with a cap set at $500,000, which the jury would determine. The total prayer amount listed in the complaint was $630,000, representing the combined economic and maximum non-economic damages sought.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):David Morris, Sr.
    • Counsel for Plaintiff: Kevin W Conner | Katherine M Goodman | Willard Merkel

 

  • Defendant(s):Dez Development, LLC | N Williams Creations, LLC
    • Counsel for Defendants: Iain Armstrong | Andrew S Gard | Lisa Shevlin

Claims

Morris filed separate negligence claims against both N Williams Creations, LLC, and Dez Development, LLC. The claims alleged multiple instances of negligence, including:

  • Removing and not replacing the water meter cover
  • Failing to remove vegetation that obscured the uncovered water meter
  • Failing to exercise reasonable care to make the premises safe for pedestrians
  • Failing to protect pedestrians from the defective condition
  • Failing to warn pedestrians of the dangerous condition
  • Failing to block off, rope off, or barricade the hazardous area
  • Failing to fill in the hole created by the uncovered water meter
  • Failing to maintain the pedestrian public right-of-way in violation of Portland city ordinances (specifically cited as negligence per se under Ordinance 20.08.20.010)

 Defense

Dez Development, LLC responded to David Morris Sr.’s amended complaint with an answer and affirmative defenses. The defendant admitted to being a limited liability company organized under Oregon law and the property owner of 4725 N. Williams Avenue in Portland. However, they denied all other allegations in the complaint, specifically refuting any claims of negligence or responsibility for the alleged damages.

The defendant presented four affirmative defenses. First, they claimed that the plaintiff’s amended complaint failed to state a claim upon which relief could be granted. Second, they invoked ORS 31.600, asserting that the jury should consider and compare the plaintiff’s own fault in causing the alleged damages. Third, citing ORS 31.600(5), the defendant argued that they were not at fault because persons not party to the case solely caused the injury. Finally, they reserved the right to amend their answer and allege additional defenses or claims as the case progressed.

Jury Verdict

The panel of 13 jurors reached a verdict on May 3, 2024, awarding damages to the plaintiff in the case. They determined the plaintiff’s economic damages to be $55,709.42. Additionally, the jury awarded non-economic damages of $275,000.00 to the plaintiff in construction site negligence lawsuit.

Court Documents:

Available Upon Request